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ENTERTAINMENT BY J&J v. EL PATIO CAFE AND RESTAURANT

United States District Court, Southern District of New York


June 13, 2003

ENTERTAINMENT BY J&J, INC., PLAINTIFF, AGAINST EL PATIO CAFÉ AND RESTAURANT CORP., ET ANO., DEFENDANTS.

The opinion of the court was delivered by: Lewis A. Kaplan, District Judge

ORDER

This action was filed on November 30, 2001 and dismissed with prejudice on January 29, 2002 upon advice that the case had been settled.

On May 30, 2002, plaintiff's counsel advised the Court by letter of problems with the settlement and sought reopening to permit plaintiff to seek a default judgment. That application was denied without prejudice to a motion to enforce the settlement or reopen the case. Plaintiff thereupon moved to reopen, and the motion was granted on November 21, 2002. In the ensuing seven months, however, plaintiff has taken no steps whatever to obtain a default judgment or prosecute the action.

The action is dismissed without prejudice for want of prosecution.

SO ORDERED.

20030613

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